7 - The Rule of Law in Montesquieu

Summary

The rule of law is a central theme of Montesquieu’s major work, The Spirit of the Laws (1748), and in many respects it forms the conceptual core of his political theory. For Montesquieu, the rule of law means that the use of political power is subject to the formal constraint of standing rules that are codified in the positive laws of the land. It means that no one is above the law and that the actions of the state must conform in a consistent way to publicly known standards. The rule of law is the single most important factor, as Montesquieu sees it, in establishing moderation in government and therefore in protecting political liberty.